W. Va. Code R. § 22-1-9

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 22-1-9 - Grower's Responsibilities

9.1. Permit - Any person, that intentionally plants wild simulated, woods grown or cultivated ginseng in West Virginia shall first obtain a Ginseng Grower's Permit from the Division.

9.2. Prior to planting cultivated, woods grown, or wild simulated ginseng, a grower shall:

9.2.1. Plat - have a plat of the planting site prepared by a licensed surveyor or a forester registered by the State Board of Registration for Foresters. The plat prepared by a registered forester shall be prepared by locating the boundaries of the planting site using Global Positioning Satellite (GPS) technology. The equipment must be capable of reading four or more satellites and be locked in to at least four satellites while traversing the planting site; and

9.2.2. Division Certification - Obtain a written determination from the Director certifying that the planting site is free from wild ginseng. The determination shall be made by an on-the-ground inspection of the intended planting site after April 15 and before June 15 of each year by a Division employee. For plantings in existence prior to July 1, 2005, a grower shall certify to the Director that no wild ginseng plants existed on the site prior to planting and provide copies of receipts of purchase of seed or rootlets or certifications from sellers of seed or rootlets if receipts are not available.

9.3. Records - Shall keep accurate and complete records on each ginseng planting.

9.3.1. These records shall be available for inspection by a Division employee.

9.3.2. These records shall be maintained for a period often years.

9.3.3. A copy of the records shall be submitted to the Division within 30 days after the close of the harvesting season in any year when ginseng was planted on the site and/or any year ginseng was harvested from the site. The information required to be kept shall include:

9.3.3.1. The origin of the ginseng seed, rootlets or plants;

9.3.3.2. The location of purposefully planted cultivated, wild simulated and woods grown ginseng and a site plat of the planting;

9.3.3.3. The original copy of the certificate of the Director's determination that the site was free from wild ginseng at the time of planting or the Director's acceptance of the grower's certification that the site was free of wild ginseng for plantings in existence prior to July 1, 2005;

9.3.3.4. The date each site was planted;

9.3.3.5. The number of pounds of seeds planted, or the number and age of rootlets, or both; and

9.3.3.6. Any other information required by the Division.

W. Va. Code R. § 22-1-9